Incoming generated [Apr 28, 2009]

0013-EX-TU-2009 Correspondence

M/A-COM, Inc.

2009-04-28ELS_97837

Page 1 of 1 Behnam Ghaffari Subject: FCC File No. 0013-EX-TU-2009 From: Chris Nierman [mailto:cnierman@harriswiltshire.com] Sent: Thursday, April 23, 2009 11:46 AM To: Behnam Ghaffari Subject: RE: FCC File No. 0013-EX-TU-2009 Mr. Ghaffari, Thanks for your response. I am available to speak anytime. If I am not in my office, you can reach me on my cell phone at 703.447.5078. I will lay out my issues and questions below and we can correspond via email as well. On March 19, 2009, my client filed an application for consent to a pro forma transfer of control for two experimental licenses held by M/A-COM, Inc. This was a part of a corporate reorganization of M/A-COM’s direct and indirect parent companies. As we explained in the attachment to the application, M/A-COM’s indirect parent company Tyco Electronics (NV), Inc. transferred M/A-COM’s stock to M/A-COM’s current direct parent company Tyco Telecommunications (US), Inc. All of these companies are owned by Tyco Electronics Ltd, so the ultimate ownership is not changed, and M/A-COM remains the licensee, so that has not changed. You sent two emails on March 26, 2009 to M/A-COM with regard to the application. As an initial matter, and to avoid confusion, I should note that the subject line of the emails identified “FCC File No. 0009-EX-TC-2009,” which is not our file no. I assume this was simply an error and that your emails actually pertain to FCC File No. 003-EX-TU-2009. Please let me know. In any event, your emails ask whether any transfer of control applications were or will be submitted to other FCC bureaus related to the transfer of control between Tyco Telecommunications (US), Inc. and M/A-COM, Inc. As explained in Attachment 1 to the application, M/A-COM, Inc. is currently the licensee of the subject experimental licenses and remains so after the pro forma transfer of control from Tyco Electronics (NV), Inc. to Tyco Telecommunications (US), Inc. Accordingly, there are technically no transfer of control applications between Tyco Telecommunications (US), Inc. and M/A-COM, Inc., only between Tyco Electronics (NV), Inc. and Tyco Telecommunications (US), Inc. for the licenses owned by M/A-COM. The confusion probably stems from the fact that the OET ELS does not ask for information regarding the Transferor and Transferee, but only the Licensee and Transferee. I was hoping that the attachment would provide clarification. To the extent, however, that you are asking whether there are other applications for M/A-COM, Inc. licenses that are subject to this pro forma transfer of control, an application (File No. 0003778443) was submitted in ULS for the pro forma transfer of control of 180 private wireless licenses. I hope this adequately responds to your question. Unfortunately, time is an issue here because this internal reorganization was done in part in preparation for the sale of M/A-COM’s assets from Tyco to Harris Corporation, which will occur sometime this summer. So, once these pro forma applications are resolved, we will turn around and file another application for consent to assign these experimental licenses. How long do you believe it will take to complete the current pro forma application? Are these applications put on public notice? Is there a way to combine the current application with the upcoming application and take care of it all at once? I know this is confusing and I apologize. Please let me know what I can do to expedite the process. Many thanks, Chris. 4/28/2009


Document Created: 2009-04-28 11:34:51
Document Modified: 2009-04-28 11:34:51
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